Land Sale: Joseph Whitenah, Ruth Whitenah to John Whitenah


Berkeley County Deeds, Book 40 Page 679
FHL film 0831132

This Indenture made this 12th day of February 1834 Between Joseph Whitenah and Ruth his wife in their own right and the said Joseph Whitenah Attorney in fact for his Sister Ruth Whitenah all of the State of New York of the first part and John Whitenah of Berkeley County in the State of Virginia of the other part. Witnesseth that the said Joseph Whitenah and Ruth his wife in consideration of the sum of one hundred and six dollars and twenty five cents to them in hand paid in their own right by the said John Whitenah the receipt of which is hereby acknoweldged and the said Joseph Whitenah in consideration of the sum of one hundred and six dollars and twenty five cents to him in hand paid as attorney in fact for his Sister Ruth Whitenah the receipt of which is hereby acknowledged by these presents grant, bargain, sell, alein, release, and confirm unto the said John Whitenah his heirs and assigns all the estate, right, title, interest and claim of them the said Joseph Whitenah and Ruth his wife in and to the Real Estate of which Henry Whitenah Father of the said Joseph died seized and possesed situate in the County of Berkeley in the State of Virginia and which descended to his childrenhe having died Intestate. the estate, right, title, interest and claim hereby intended to be conveyed by the said Joseph Whitenah and Ruth his wife in their own right being the following to wit. the share or portion of the said Joseph Whitenah as one of the children and heirs at Law of the said Henry Whitenah decd. being one eigth of a tract of land Containing two hundred acres more or less and now in the occupancy of the said John Whitenah also the share or portion of Margaret Vanmeter another child and heir at Law of the said Henry Whitenah decd. being the one eighth of the same tract of land and which share or portion togather with all her claim or right of every description was conveyed by the said Margaret to the said Joseph by deed duly recorded in the County Court of Berkeley also all the estate, right, title, interest and claim of the said Joseph Whitenah in the share or portion of his sister Eleanor Whitenah decd. in said Estate she having died Intestate without issue.Also the ??nary interest of the said Joseph Whitenah in his own right and in right of the said Margaret Vanmeter and Eleonor Whitenah in and to the ?? land assigned to the widow of the said Henry Whitenah decd. the estate, right, title, interest and claim hereby intended to be conveyed by the said Joseph Whitenah as Attorney in fact for his sister Ruth Whitenah being the following to wit. the share or portion of the said Ruth being one eighth of the tract of land aforesaid also all the estate, right, title, interest and claim of the said Ruth Whitenah in the sahre or portion of her decd. Sister Eleonor Whitenah aforesaid in said Estate also all the ??nary interest of the said Ruth Whitenah in and to the dower Land assigned to the widow of the said Henry Whitenah decd. To have and to hold the several interests, rights, titles and claims herein enumerated and conveyed with all and singular the priviledges im??ments hereditaments and appurtenances thereto belonging or in any wise appertaining unto him the said John Whitenah his heirs and assigns to the only proper use and behalf of him the said John Whitenah his heirs and assigns forever. And the said Joseph Whitenah and Ruth his wife for themselves and their heirs in their own right and the said Joseph Whitenah for himself and his heirs as Attorney in fact for his Sister Ruth Whitenah do covenant to and with the said John Whitenah by these presents that they will forever warrant and defend to the said John Whitenah his heirs and assigns the several interests, rights, titles and claims hereby conveyed against the claims and demands of all persons whatsoever. In Testimony whereof the said Joseph Whitenah and Ruth his wife in their own right and the said Joseph Whitenah as Attorney for his Sister Ruth Whitenah have hereunto subscribed their names and affixed their seals the date first herein before written.

Joseph Whitenah (seal)
Ruth Whitenah (seal)
Joseph Whitenah Attorny in fact for Ruth Whitenah (seal)

Virginia Berkeley County Set.
We George Wolff and Isaac S. Lauck Justices of the peace in and for the County of Berkeley in the State of Virginia do hereby certify that Joseph Whitenah party to the annexed deed to John Whitenah bearing date on the 12th day of February 1834 this day personally appeared before us in our County aforesaid and acknowledged the same to be his act and deed in his own right and as attorney in fact for his Sister Ruth Whitenah and desired us to certify said acknowledgement to the Clerk of the County Court of Berkeley in order that the said deed may be recorded. Given under our hands and seals this 12th day of February 1834.

George Wolff (seal)
Isaac S. Lauck (seal)

New York Livingston County Set.
We Ogden M. Nilley and Elias Clarke Justices of the peace in and for Livingston County in the State of New York do hereby certify that Ruth Whitenah the wife of Joseph Whitenah parties to the annexed deed to John Whitenah bearing date on the 12th day of February 1834 this day personally appeared before us in our County aforesaid and being examined by us privily and apart from her said husband and having the deed aforesaid fully explained to her she the said Ruth Whitenah acknowledged the same to be her act and deed and declared that she had willingly signed, sealed and delivered the same and that she wished not to retract it. Given under our hands and seals this 11th day of April 1834.

Ogden M. Nilley (seal)
Elias Clarke (seal)

Berkeley County to wit May 6th 1834
This deed of Bargain and Sale from Joseph Whitenah and wife in their own right and the said Joseph Whitenah as Attorney in fact for Ruth Whitenah to John Whitenah was this day produced in the Clerks Office duly certified and admitted to record.

Teste
Harrison Waite C.B.C